Four Step Technique to Assessing Potential RAP Problems
(1) Determine which future interests have been created by the conveyance. RAP only applies to contingent remainder, executory interests, and certain vested remainders subject to open.
(2) Identify the conditions precedent to the vesting of the suspect future interest.
(3) Find a measuring life. Look for a person alive at the date of the conveyance and ask whether that person's life or death is relevant to the condition's occurrence.
(4) Will we know for sure within 2 years of the death of our measuring life if our future interest holder(s) can take? If yes, conveyance is good. If not, violates RAP and interest is void.